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of completeness for Permit Revision No. 6, published in the Delta County Independent <br />on August 15, 22, 29 and September 5, 2001, informed the public of the right to request <br />an informal conference to discuss the issues in Permit Revision No. 6. There were no <br />requests for an informal conference. <br />In addition, BRL submitted to the Division a letter dated January 8, 2002 in which CDOT <br />approved of the proposed disturbances within 100 feet of the highway right-of-ways. <br />BRL also submitted a utility permit issued by CDOT, allowing the construction of the <br />overhead conveyor belt over Old State Highway 133. The road access permit for the <br />temporary construction access road is required to be submitted through Stipulation No. <br />13, which is attached to the Permit Revision No. 6 decision. <br />Technical Revision No. 27, which was approved on August 22, 2003, provided for the <br />storage of soil and rock material that was excavated from the wash plant bench <br />construction along the outslope of the gob pile haul road. A portion of the material <br />storage area fell within 100 feet of the right-of-way of old State Highway 133. The public <br />notice of the completeness of this revision also informed the public of the right to request <br />a public hearing. The public notice appeared in the June 25, 2003 edition of the Delta <br />County Independent. No one requested a public hearing. <br />Technical Revision No. 47, approved on July 17, 2007, approved the construction of the <br />Hubbard Creek Ventilation Shaft facilities. Most of the facilities is within 100 feet of the <br />right-of-way of the Hubbard Creek road. The completeness public notice was published <br />in the Delta County Independent and contained the relevant information and informed the <br />public of the right to request an informal hearing. There were no requests for the hearing. <br />h) Three hundred feet of an occupied dwelling, unless a written waiver from the owner has <br />been provided (2.07.6(2)(d)(v)). <br />With the original permit application, there was one occupied dwelling within 300 feet, <br />measured horizontally, of the surface operations or facilities. The dwelling was owned by <br />Hidden Valley Ranch and Cattle Company, Inc. A written waiver is included in Volume <br />III, Exhibit 14, from the dwelling owner, which states that the owner had the legal right <br />to deny mining, and the dwelling owner knowingly waived that right. <br />For Permit Revision No. 3, some of the proposed operations were within 300 feet of <br />several buildings that had been owned by the Hidden Valley Ranch and Cattle Company. <br />However, under an Option to Purchase, BRL negotiated a Special Power of Attorney that <br />assigned all rights to BRL for the property in question. This documentation is found in <br />Tab 1 of Volume III of the permit application. <br />Concerning Permit Revision No. 6, several occupied buildings were within 300 feet of <br />the proposed operations. In several cases, BRL purchased the properties and demolished <br />the buildings. In another case, BRL built a replacement home for one citizen whose <br />original home was within 300 feet of the disturbance. BRL, then, received a right-of- <br />entry agreement with the same landowner for access onto the property. BRL also <br />received a right-of-entry agreement with another citizen for property access. The deeds of <br />purchase and right-of-entry agreements are located in Exhibit 1 of Volume III of the <br />permit application. <br />25